Rep. Yehiel M. Kalish
Filed: 4/2/2019
 
 

 

 

 
10100HB0092ham002LRB101 02986 SLF 59004 a



1
AMENDMENT TO HOUSE BILL 92




2    AMENDMENT NO. ______. Amend House Bill 92 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 107-2 as follows:
 



6    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)



7    Sec. 107-2. Arrest by Peace Officer. 
8    (1) A peace officer may
arrest a person when:

9        (a) He has a warrant commanding that such person be 
10    arrested; or

11        (b) He has reasonable grounds to believe that a warrant 
12    for the person's
arrest has been issued in this State or in 
13    another jurisdiction; or

14        (c) He has reasonable grounds to believe that the 
15    person is committing
or has committed an offense.

16    (2) Whenever a peace officer arrests a person, the officer 
 
 
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1shall question
the arrestee as to whether he or she has any 
2children under the age of 18
living with him or her who may be 
3neglected as a result of the arrest or
otherwise.  The peace 
4officer shall assist the arrestee in the placement of
the 
5children with a relative or other responsible person designated 
6by the
arrestee. If the peace officer has reasonable cause to 
7believe that a child
may be a neglected child as defined in the 
8Abused and Neglected Child
Reporting Act, he shall report it 
9immediately to the Department of Children
and Family Services 
10as provided in that Act.

11    (3) A peace officer who executes a warrant of arrest in 
12good faith
beyond the geographical limitation of the warrant 
13shall not be liable for
false arrest.

14    (4) Whenever a peace officer has a warrant of arrest for 
15the person or has reasonable grounds to believe that a warrant 
16for the person's arrest has been issued and the peace officer 
17has contact with the person because the person: 
18        (a) reported that he or she is a victim of sexual 
19    assault; or 
20        (b) requested or received emergency medical assistance 
21    or medical forensic services for sexual assault; 
22    if the warrant of arrest is not for a forcible felony as 
23defined in Section 2-8 of the Criminal Code of 2012 or a 
24violent crime as defined in subsection (c) of Section 3 of the 
25Rights of Crime Victims and Witnesses Act, the peace officer 
26shall not arrest the person but shall issue a notice to appear 
 
 
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1to the person. In this subsection (4), "sexual assault" means 
2an act of sexual conduct or sexual penetration defined in 
3Section 11-0.1 of the Criminal Code of 2012, including without 
4limitation, acts prohibited under Sections 11-1.20 through 
511-1.60 of the Criminal Code of 2012. 
6(Source: P.A. 97-333, eff. 8-12-11.)".